Page:United States Statutes at Large Volume 106 Part 6.djvu/230

106 STAT. 4788 PUBLIC LAW 102-579 —OCT. 30, 1992 under paragraph (1), determine whether or not the WIPP facility continues to be in compliance with the final disposal regulations. A determination under this paragraph shall not be subject to rulemaking or judicial review. (g) ENGINEERED AND NATURAL BARRIERS, ETC. — The Secretary shall use both engineered and natural barriers, and waste form modifications, at WIPP to isolate transuranic waste after disposal to the extent necessary to comply with the final disposal regulations. SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULA- TIONS. (a) IN GENERAL.— (1) APPLICABILITY.— Beginning on the date of the enactment of this Act, the Secretary shall comply with respect to WIPP, with— (A) the regulations issued by the Administrator establishing the generally applicable environmental standards for the management and storage of spent nuclear fuel, high-level radioactive waste, and transuranic radioactive waste and contained in subpart A of part 191 of title 40, Code of Federal Regulations; (B) the Clean Air Act (40 U.S.C. 7401 et seq.); (C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (D) title XIV of the Public Health Service Act (42 U.S.C. 300f et seq.; commonly referred to as the "Safe Drinking W^stGr A.ct"V (E) the Toxic Substances Control Act (15 U.S.C. 2601 etseq.); (F) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (G) all other applicable Federal laws pertaining to public health and safety or the environment; and (H) all regulations promulgated, and all permit requirements, under the laws described in subparagraphs (B) through (G). Records- (2) PERIODIC OVERSIGHT BY ADMINISTRATOR AND STATE.— The Secretary shall, not later than 2 years after the date of the enactment of this Act, and biennially thereafter, submit documentation of continued compliance with the laws, regulations, and permit requirements described in paragraph (1) to the Administrator, and, with the law described in paragraph (1)(C), to the State. (3) DETERMINATION BY ADMINISTRATOR OR STATE.— The Administrator or the State, as appropriate, shall determine not later than 6 months after receiving a submission under paragraph (2) whether the Secretary is in compliance with the laws, regulations, and permit requirements described in paragraph (1) with respect to WIPP. (b) DETERMINATION OF NONCOMPLL\NCE DURING TEST PHASE. — (1) DETERMINATION BY ADMINISTRATOR.— If the Administrator determines at any time during the test phase that the WIPP facility does not comply with any law, regulation, or ^ permit requirement described in subsection (a)(1), the Administrator shall request a remedial plan from the Secretary describ-